Home Office

Domestic Abuse Bill

Victoria Atkins: This Thursday – 15 April – the House of Commons will consider the Lords amendments to the Domestic Abuse Bill available here. As we are approaching the end of the session and further consideration of this Bill is likely to proceed at pace, I am issuing this written statement to set out for the benefit of MPs, Peers and others the Government’s position on the various Lords amendments.The Domestic Abuse Bill will be a ground-breaking piece of legislation. Building on the strong suite of measures already in the Bill as agreed by the House of Commons, the Government proudly welcomes many of the Lords amendments (namely, amendments 4 to 8, 10 to 32, 34 to 36, 39 and 44 to 82 and 84 to 86) and worked closely with peers to achieve them. In particular, we support the Lords amendments:creating a new offence of non-fatal strangulation (Lords amendment 36);extending the offence of disclosing private sexual photographs and films with intent to cause distress (known as the “revenge porn” offence) to cover threats to disclose intimate images (Lords amendment 35);extending the controlling or coercive behaviour offence to cover post-separation abuse (Lords amendment 34);stopping vexatious family proceedings that can further traumatise victims by clarifying the circumstances in which a court may make a barring order under section 91(14) of the Children Act 1989 (Lords amendment 32); andprohibiting GPs and other health professionals from charging a victim of domestic abuse for a letter to support an application for legal aid (Lords amendment 39).In addition, as further evidence of our commitment to community-based services, the Government has committed to consult on the provision of community-based domestic abuse services in the upcoming Victims’ Law consultation to be launched this summer.We have also listened closely to concerns about misogyny and attitudes towards women and girls, and will ask police forces in England and Wales to record, on an experimental basis, any crimes of violence against the person, including stalking and harassment, and sexual offences where the victim perceives it to have been motivated by a hostility based on their sex.That being said, there are other amendments made in the House of Lords which the Government is unable to support (that is, amendments 1 to 3, 9, 33, 37, 38, 40 to 43 and 83). These amendments apply to England and Wales only.Abuse by carers (Lords amendments 1 to 3)We fully recognise that abuse of disabled people perpetrated by carers is wholly unacceptable and needs to be tackled along with all other forms of abuse. The Government’s definition includes husbands, wives, partners and relatives who act as “carer” for the victim whom they abuse. These amendments, however, would bring the relationship between a disabled person and a paid or volunteer carer who is not a partner or relative within the meaning of “personally connected”. Extending the scope of the Bill in this way would undermine the common understanding of domestic abuse. Central to this understanding is the manipulation of the emotional bond between intimate partners or family members. Further, the Government’s approach is consistent with international definitions. The explanatory report to the Istanbul Convention declares that domestic abuse or violence covers “intimate-partner violence between current or former spouses or partners and inter-generational violence which typically occurs between parents and children”. Nevertheless, we are determined to act on the concerns that have been raised in this debate. Accordingly, we are pleased to announce that as part of the Government’s ongoing commitment in this sphere, the Home Office and Department of Health and Social Care, with input from the Ministry of Justice and Cabinet Office, will undertake a review to examine the protections against carer abuse and the support available to victims. The review will apply to England. Judicial training (Lords amendment 33) The Government acknowledges the importance of effective domestic abuse training for judges and magistrates involved in family proceedings. Training in domestic abuse for the judiciary is a priority and is included in all Family Law courses run by the Judicial College both for newly appointed judges and magistrates and as part of their continuous professional development.Judicial training on domestic abuse is kept under constant review and is updated to reflect key developments. The senior judiciary (including the President of the Family Division and Chair of the Judicial College), have already made clear commitments to further develop domestic abuse training, taking into account this Bill, as well as the recommendations of the Harm Panel report, and findings from the four recent Court of Appeal judgments in domestic abuse cases (handed down on 30 March).While the Lord Chancellor will continue to support the judiciary in this area, the provision of training is properly a matter for the Lord Chief Justice, as Head of the Judiciary, working through the Judicial College. By conferring functions on the Lord Chancellor in relation to judicial training this amendment is fundamentally at odds with the constitutional principle of judicial independence. Reasonable force in domestic abuse cases and statutory defence of previous domestic abuse (Lords amendments 37, 38 and 83) The Government understands the motivation behind these amendments, but we are clear that the existing full and partial defences are sufficient. Full defences, such as self-defence, are defences to any crime which, if pleaded successfully, result in acquittal. In the circumstances of domestic abuse, the partial defences relating to “loss of control” or diminished responsibility can also be argued. Additionally, the fact that an accused is also a victim of domestic abuse will be considered throughout the criminal justice system process from the police investigation through to any Crown Prosecution Service charging decision, to defences deployed at trial under the existing law and as a mitigating factor in sentencing. Moreover, these amendments are open to abuse by those seeking to evade justice, including potentially by a perpetrator of domestic abuse. Migrant victims (Lords amendments 40, 41 and 43)  We agree that all victims of domestic abuse, regardless of their immigration status, should be treated first and foremost as victims and that they should not be deterred from seeking support. We have emphasised this throughout the passage of the Bill. To recap, migrant victims of domestic abuse who live here on a spousal visa receive help and support through the Destitute Domestic Violence Concession scheme. For those victims who are on other types of visa, such as student, visitor or work visas, or who are here illegally, and who are not eligible for existing support schemes such as the National Referral Mechanism, we have announced a pilot support scheme. The game-changing £1.5m Support for Migrant Victims Scheme will provide access to safe accommodation and specialist services for these victims, who have previously not been eligible for other support. As well as providing immediate support within safe accommodation for those who need it, our new scheme will also provide us with clearer evidence of the needs of victims, so that we can build a sustainable programme of support. Migrant victims should not be treated as a homogenous group with similar, if not identical, circumstances and needs. We want our longer-term work to recognise migrant victims as individuals with complex and diverse needs. The scheme for migrant victims will help achieve this. In relation to data sharing, we are committed to considering existing data-sharing procedures following the publication, on 17 December 2020, of Her Majesty’s Inspectorate of Constabulary and Fire & Rescue Services’ (HMICFRS) report in response to a super-complaint about the police sharing immigration data. HMICFRS recommended that the Home Office conduct a review of the legal and policy framework governing the sharing of information about vulnerable victims of crime, including domestic abuse, and to report on the outcome of the review within six months. We have accepted this recommendation and the review is now underway. This amendment pre-empts the completion of that review which we have commenced in good faith. Accreditation of child contact centres (Lords amendment 9) The Government recognises that provision of child contact centres is vital in supporting families and enabling parents to have contact with their children and that these must provide a safe environment for children and parents alike. The existing regulatory framework ensures that this is the case. High level data provided by the National Association of Child Contact Centres indicates there are up to 400 contact centres, fewer than 15% of which may be unaccredited. However, this figure includes contact centres which may be commissioned by local authorities and which are already subject to extensive safeguarding provision and regulation.In private law family cases, the Judiciary and the Children and Family Court Advisory and Support Service (Cafcass) have protocols in place to ensure that they only refer parties to child contact centres accredited by the National Association of Child Contact Centres. In public law family cases, where children are in the care of the local authority, or under their supervision, comprehensive statutory provisions are already in place and emphasise that contact should not undermine the welfare and safeguarding of children. All plans and decisions regarding contact, including the use of contact centres or services, are made by social workers on a case-by-case basis, with detailed safeguarding risk assessments and taking full account of any child protection plan and/or contact order. All local authority activity in relation to child contact must be in the best interests of the child and subject to the relevant statutory provisions, including sections 22 and 34 of the Children Act 1989, the Care Planning, Placement and Case Review (England) Regulations 2010 and the Children and Families Act 2014. We are also concerned that the definition of contact services would be so broad, that it may create duplicative burdens on a wide range of local authority services, which goes beyond child contact centres. Management of perpetrators (Lords amendment 42)The Government agrees that high-harm domestic abuse perpetrators need to be effectively monitored and supervised. The current legislation in the Criminal Justice Act 2003 already provides for serial and high harm domestic abuse offenders to be managed under Multi-Agency Public Protection Arrangements (MAPPA) on either an automatic or discretionary basis. Adding a new category of offenders automatically eligible for MAPPA would add complexity to those arrangements without delivering clear benefits.There is already significant work in train to improve the operation of MAPPA. As well as strengthening the statutory guidance that supports MAPPA, we are pleased to announce the development of a new Multi-Agency Public Protection System (MAPPS). MAPPS, as a modern and efficient subject management system, will facilitate more effective and automated information sharing between MAPPA responsible authorities and their partner agencies, thereby improving the multi-agency risk management of all offenders managed under MAPPA, including those domestic abuse perpetrators whose risk is such that they need to be managed under the MAPPA framework. The target is for the new system to be piloted in 2022. Once MAPPS is deployed, it will allow ViSOR (the existing subject management system) to be decommissioned. In addition, the Police, Crime, Sentencing and Courts Bill includes provisions to further strengthen the legal framework governing information-sharing between MAPPA partners and others.In relation to a domestic abuse perpetrator strategy, we have already committed to bringing forward such a strategy later this year as part of the Domestic Abuse Strategy. We have tabled Government amendments to enshrine this commitment in law (Government amendments 42 (a) to (c)).Tackling domestic abuse is a key priority for the Prime Minister and this Government. Our landmark Domestic Abuse Bill will help to better protect and support victims and their children and bring perpetrators to justice.

Department for Digital, Culture, Media and Sport

Reporting contingent liabilities in relation to cancellation compensation for event organisers participating in phase one of the Events Research Programme

Oliver Dowden: I am tabling this statement for the benefit of all members of this House to bring to their attention the Departmental Minute issued today that provides the House with notice of a series of small contingent liabilities created by my Department. This is in relation to a policy to compensate event organisers participating in phase one of the Events Research Programme in the event of their cancellation if public health concerns were to give rise.The Events Research Programme is running its first phase of 10-15 pilots in April and May to inform decisions around the safe removal of social distancing at Step 4 of the Roadmap. The pilots will be run across a range of settings, venues, and activities so that findings will support the full reopening of similar settings across multiple sectors.The government will provide compensation on a discretionary basis to event organisers should a pilot event be cancelled due to public health reasons.This compensation will be capped at £300,000 per event and will cover costs incurred in relation to participation in the programme only (e.g. admission of spectators), recognising the fact that these events would have taken place in line with roadmap restrictions should the programme not exist. In the case of the Liverpool events, as these have been put on specifically as part of the programme, the government will compensate organisers in full should an event be cancelled, but this will be capped at £300,000 in total across the Liverpool events.The government does not intend to cancel any event in the programme, however public safety comes first and therefore it is prudent to provide this assurance to the organisers assisting the government in reopening the economy.A copy of the Departmental Minute is being placed in the Libraries of both Houses.

Department for Work and Pensions

Extending COVID Local Support Measures

Dr Thérèse Coffey: The Covid Winter Grant Scheme has enabled Local Authorities in England to provide targeted support to families and individuals, keeping them warm and well fed over the winter period, with the principal focus being on disadvantaged children.The initial scheme was issued at £170 million and was due to conclude at the end of March 2021. In the first two months of the scheme, covering December 2020 and January 2021, Local Authorities spent over £86 million, with 94% awarded to support families with children and 96% used on the provision of food and support with utility bills. In the same period, nearly 2.4 million awards had been made to vulnerable households through the scheme. The scheme was subsequently extended with an additional £59.1 million of support and was due to conclude this Friday 16th April.Recognising that some restrictions on the economy continue, we are extending the scheme until the 20th June 2021 with funding of £40 million and re-naming it the Covid Local Support Grant. This brings the scheme in line with the Prime Minister’s roadmap out of lockdown as on the 21 June, provided we continue to pass the four steps needed to progress through the roadmap, most of the remaining restrictions will be lifted.All conditions of the grant continue, as does the allocation methodology.

Department of Health and Social Care

COVID-19 Vaccination Update

Matt Hancock: I wish to inform the House of actions we are taking to improve uptake of vaccines across the adult social care sector. In February 2021, we published the UK COVID-19 Vaccines Delivery Plan setting out the significant programme of work underway to drive vaccine uptake, including actions to improve access and to address the concerns of those who may be hesitant to receive the vaccine. We have been working to make the vaccination accessible to people living and working in care homes. Vaccination teams have visited all older age care homes in England and are running a minimum four-visit schedule for each. For those workers who may not have been present when the vaccination team visited the home, access via other vaccination services has been available. We also opened the National Booking Service for seven weeks so that frontline social care workers could book their own appointments, and care home workers can now arrange vaccination directly through their GP. We have worked hard to address concerns among the adult social care workforce by delivering an extensive communications programme, running targeted advertisements and issuing a stakeholder toolkit containing regularly updated Q&As, guidance and communications materials. Positive messaging using influencers, leaders and care home workers who have already been vaccinated has boosted confidence and tackled misinformation, as have briefings with different faith groups who have become ambassadors for getting a vaccine. We continue to do everything we can to increase vaccine uptake. We have targeted support at older adult care homes where vaccine uptake is low, such as in London. As of 4 April 2021, vaccine uptake among eligible workers in older adult care homes in London is 68%, compared to 82% in the South West. Local efforts, by employers, local authorities, public health teams and others, supplement this government’s support. Despite efforts, vaccine uptake amongst care home workers is not consistently at the level we know from SAGE advice is needed to minimise the risk of outbreak, which is a minimum vaccination rate of 80% staff, and 90% of residents within each home and this level must be maintained. Only 53% of older adult homes in England are currently meeting this recommendation. It is imperative that together we now take every step necessary to reduce the risk of spreading the virus to those most at risk from COVID-19 and those who care for them. We must protect people living in care homes, and we must protect the workforce who perform such a vital role. Vaccination is a safe, effective way of preventing the spread of COVID-19. It is therefore right that the Government acts now to ensure that those working and assisting in older adult care homes are vaccinated to protect everyone in these settings. From today, we are consulting on taking steps to require care providers to deploy only staff who have been vaccinated within older adult care homes. This measure would be intended to protect the people most at risk in our society - around 90% of those who died from COVID-19 were people over 70. Making vaccination a condition of deployment in older adult care home provider in this way, would help to further protect older people living in care homes, who are among the most vulnerable to Covid-19, and ultimately save lives. A five-week consultation launches today to help inform decision-making around how the change could be implemented and whether respondents think it will be beneficial. This will include areas such as potential impact on staff, safety and who could be exempt. Staff, providers, stakeholders, residents and their families are being urged to take part to have their views heard with an outcome expected by this summer. I will provide an update to the House, following the completion of the consultation.

Treasury

Notification of contingent liability – mortgage guarantee scheme

John Glen: It is normal practice when a government department proposes to undertake a contingent liability in excess of £300,000 and for which there is no statutory authority, for the Minister concerned:to present a departmental Minute to parliament, giving particulars of the liability created and explaining the circumstances; andto refrain from incurring the liability until fourteen parliamentary sitting days after the issue of the Minute, except in cases of special urgency. I am writing to notify Parliament of a contingent liability that has been created by the government from the introduction of the new mortgage guarantee scheme. The scheme will be open to new mortgages submitted by participating lenders from 19 April 2021, but the liability will not be incurred until lenders start to submit mortgages to the scheme, which is not expected until May at the earliest.By way of background, the mortgage guarantee scheme was announced at the Budget on 3 March 2021. The scheme will provide a guarantee to lenders across the UK who offer mortgages to people with a deposit of 5% on homes with a value of up to £600,000. Under the scheme all buyers will have the opportunity to fix their initial mortgage rate for at least five years should they wish to. The scheme, which will be available for new mortgages up to 31 December 2022, will increase the availability of mortgages on new or existing properties for those with small deposits. The guarantee will be valid for up to seven years after the mortgage is originated.Exposure against this contingent liability would take place in the event that the sum of commercial fees paid by lenders would not be sufficient to cover calls on the guarantee. There will be a cap on the size of the government’s contingent liability under the scheme of £3.9 billion.Authority for any expenditure required under this liability will be sought through the normal procedure. HM Treasury have approved this proposal.I will also lay a minute today on this matter.